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Third Party Cases in Workers' Compensation Matters: Injured "On the Job" by Other Than a Co-Worker
What happens if an employee gets injured on the job and someone other than that employee's employer, or co-worker, is at fault?
FLUSHING, NY, August 10, 2011 /Employment - Careers PR News/ -- What happens if an employee gets injured on the job and someone other than that employee's employer, or co-worker, is at fault? This may happen, for example, if an employee is on his or her way to a meeting and gets into an auto accident. It may happen if a worker is on a construction site and is injured because of the careless act of someone working for another subcontractor.
In such an event, the employee actually gets two shots at the apple! First, he or she is entitled to any and all workers' compensation benefits that are available. But even beyond that, the employee may also bring a regular lawsuit against the party that caused, and was legally responsible for the accident. So while the employee will get his workers' compensation, the employee may also successfully obtain a settlement or judgment based on the pain and suffering experienced by the worker as a result of the accident. Much more often than not, the award resulting from litigation (suing) is greater (and many times, much greater) than the compensation received through workers' compensation. It is really a "no lose" proposition for the employee.
NOTE, however, that in the event workers compensation has given the employee an award, and paid medical expenses, and the employee then successfully recovers money in a lawsuit, the Workers' Compensation Board will expect to be paid back much, if not all, of the amount it paid to the worker out of that amount the worker recovered in the lawsuit. The worker will be left with the leftover amount from the lawsuit. However, he will already have received the workers' compensation award and have had his medical expenses paid. So he has those amounts, and now he also has the "extra" amount received as a result of his lawsuit. Again, this presents a "no lose" situation for the worker.
As you might expect, this can be an area that is both difficult at times to understand and to navigate. It is absolutely imperative that an injured worker contact a knowledgeable attorney as soon as possible to see that his or her best interests are protected.
Orlow, Orlow & Orlow are New York Personal Injury Attorneys located at 7118 Main Street, Flushing, NY 11367.
Phone: 212-203-4053
http://www.orlowlaw.com
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Press Release Contact Information:
Steve Orlow
Orlow, Orlow & Orlow
Attorney
7118 Main Street
Flushing, NY
USA 11367
Voice: 212-203-4053
Website: Visit Our Website |
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